Michael Fiorito v. Warden J. Fikes, No. 23-1006 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Erickson, and Stras, Circuit Judges] Prisoner case - Habeas. In these three consolidated Section 2241 habeas proceedings, plaintiff's claims with respect to conditions of confinement and his confinement in a Special Housing Unit were moot, and Appeal Nos. 23-1006 and 1007 are dismissed; the district court judgment in Appeal No. 23-1008 is affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1006 ___________________________ Michael Fiorito lllllllllllllllllllllPetitioner - Appellant v. Warden J. Fikes lllllllllllllllllllllRespondent - Appellee ___________________________ No. 23-1007 ___________________________ Michael Fiorito lllllllllllllllllllllPetitioner - Appellant v. Lele June, Wardens lllllllllllllllllllllRespondent - Appellee ___________________________ No. 23-1008 ___________________________ Michael Fiorito lllllllllllllllllllllPetitioner - Appellant v. Warden Thomas lllllllllllllllllllllRespondent - Appellee ____________ Appeals from United States District Court for the District of Minnesota ____________ Submitted: July 25, 2023 Filed: July 28, 2023 [Unpublished] ____________ Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. In these consolidated appeals involving three separate 28 U.S.C. § 2241 habeas proceedings, Michael Fiorito challenges the district court’s1 November 2, 2022 order denying his petitions, all of which asserted claims related to his confinement at the Federal Correctional Institution in Sandstone, Minnesota, between September 2021 and May 2022. Having carefully reviewed the record, including Fiorito’s current position that his conditions-of-confinement claims and his claims related to his confinement in the Special Housing Unit are moot, we dismiss Appeal Nos. 23-1006 and 23-1007. As to Appeal No. 23-1008, we affirm the denial of relief for the reasons explained by the district court. See 8th Cir. R. 47B. We also deny as moot Fiorito’s pending motion to supplement the record. ______________________________ 1 The Honorable Patrick J. Schiltz, Chief Judge, United States District Court for the District of Minnesota. -2-
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